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2025 DAILYLAW 125368 (ALL)

DR. BHEEM RAO AMBEDKAR SHIKSHAN SANSTHAN THRU. MANAGER VIJAY KUMAR AGRAHARI v. STATE OF U.P. THRU. DIST. MAGISTRATE SULTANPUR AND 6 OTHERS

WRIC/1908/2025 · 2025-03-04

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12813-DB Court No. - 2 Case :- WRIT - C No. - 1908 of 2025 Petitioner :- Dr. Bheem Rao Ambedkar Shikshan Sansthan Thru. Manager Vijay Kumar Agrahari Respondent :- State Of U.P. Thru. Dist. Magistrate Sultanpur And 6 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Yogesh Prajapati Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Shri Anil Kumar Mishra, Advocate has filed his vakalatnama on behalf of the opposite party no. 7. The same is taken on record. 2. Heard Shri Rajesh Kumar Shukla, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Anil Kumar Mishra, learned counsel for the opposite party no. 7. 3. If the Court, where the suit of the petitioner is pending wherein the temporary injunction has been granted and subsequently on account of its violation/non compliance application under Order 39 Rule 2-A CPC has been filed, is vacant the petitioner may move application before the District Judge concerned for transfer of the said case to some other Court if there is any urgency in the matter, as, according to the petitioner, initially after initiation of proceedings under Order 39 Rule 2-A CPC legal encroachment/interference by the opposite party no. 7 with the help of the police authorities had been stopped, but, subsequently, on account of Court being vacant again the same has been started. 4. Learned counsel for the opposite party no. 7 says that construction is not being done by the opposite party no. 7 on the suit land claimed by the petitioner. It is being undertaken on Gata No. 1083. 5. As regards interference by the local police the petitioner may approach the opposite party no. 2 raising specific grievance which can be gone looked into as per law. 6. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 4.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench